Hourly Rate Employees

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If an employee is employed solely on the basis of a single hourly rate, the hourly rate is the “regular rate.”  For overtime hours the employees must be paid, in addition to the straight-time hourly earnings, a sum determined by multiplying one-half the hourly rate by the number of hours worked over 40 in the week. If, for example, the hourly rate is $10.00 and an employee works 46 hours in a week, the employee would be entitled to receive $490.00 (46 hours at $10.00 plus six hours at $5.00; or stated another way, 40 hours at $10.00 plus six hours at $15.00 (time and one-half)). The regulations governing hourly rate employees are found at 29 C.F.R. § 778.110.